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We confirm the arrestment is invalid as it incorrectly designs the arrestee. Prosper and Inkersall did not learn about the payment until much later. In order to avoid any doubt, they were served. In fact no sums were caught by those arrestments. The trustee in the sequestration was the Accountant in Bankruptcy. Subsequently, he informed the court that he did not intend to enter the process and insist upon the defences. The Scottish Ministers denied that any sums were due.
Prosper and Inkersall raised the current action on 6 October They concluded for furthcoming of the sums arrested, or for damages for breach of arrestment. Since early , the action has proceeded solely on the alternative ground. Mr McColl explained that the first ground was deleted after the defences disclosed that there are no sums to arrest. They advance four arguments in support of their position.
First, it was incompetent for Prosper and Inkersall to combine their claims in one action. Thirdly, there was no arrestable obligation on the date of service. Fourthly, Prosper and Inkersall have not properly averred that they suffered loss, as another creditor might have had a better claim. Combining Claims  The rule which applies to claims made by two pursuers has stood for a long time. Different parties cannot "accumulate their actions in one libel, unless they had connection with one another in the matters pursued for, or had been aggrieved by the same act": HM Feuars of Orkney v Steuart Mor.
The court would be concerned to leave a pursuer without a remedy: Boulting at - It is important to consider separately the present action and the Prior Action. In relation to the present action, I believe that both exceptions apply. There is a coincidence of interest between Prosper and Inkersall. They each seek damages for breach of arrestment. The arrestments were served on the basis of a single warrant. They were each served at the same time, upon the same person, in respect of obligations owed by the common debtor arising out of obligations at adjacent subjects owned by two related companies with the same principal.
Apart from common interest, the two companies have been aggrieved by the same act. Breach of arrestment is an intentional delict: Walker Delict 2 nd ed. They do so against the background that the issue of competency was never raised by Mr Bell or by his trustee in sequestration.
The court granted decree by default and the reclaiming days have long since expired. Accordingly, if the action was incompetent, it is too late to remedy matters now. It is not possible to restore matters to the position they were in when the Prior Action was still depending before the court. The claims possessed a number of common features: the two companies were linked, the two properties were adjacent to one another, Mr Bell had acted as agent for both companies and dealt with the same principal, and the claims were largely similar.
Accordingly, I conclude that the case falls within the first exception. In my view, it does not apply. Prosper and Inkersall were not aggrieved by the same act. Their claims concerned two separate interests regarding two separate properties.
Mr Duncan submitted that the two claims were potentially in conflict with one another. If the arrestments were both valid and enforceable, the Scottish Ministers could not know how much to pay to each arrestor. A multiple-poinding or similar procedure would be required. In my view, that argument largely disappeared when Mr McColl informed me that Prosper and Inkersall had agreed to apportion the sums recovered pro rata in accordance with their respective claims.
Were the Arrestments served on the Correct Person? This was all evident from the provisions of the Scotland Act and in particular sections 44, 52 and Any obligation could only be owed to Mr Bell by the Scottish Ministers. The service of an arrestment is similar to the service of a charge, where: "The debtor in the obligation must be correctly referred to and designed": ibid p. Underlying this approach was the concern that the arrestee could be liable to the common debtor if he wrongfully withheld sums on an imperfect arrestment.
Mr Duncan pointed out that within 12 days of service, Tods Murray had been informed that the arrestments were invalid. This is not a semantic question. In the present case it has practical consequences. If absolute accuracy in relation to the designation is required, then these arrestments were invalid.
They were not served on the correct person. There are cases on each side of the line. Graham Stewart refers to the unreported case of Hannan v Kendal 30 March He discusses it at page 35 and provides a full report in the Appendix to his treatise. In that case the common debtor was "W.
Kendal otherwise William Hunter Grimston". By mistake, he was designed as "W. Kendal otherwise William Hunter Grinnston". Lord Kincairney held that the discrepancy was "immaterial, it not being averred that the mistakes had caused any misunderstanding". He added that "There is no rule of law of which I am aware to the effect that every clerical blunder will vitiate a diligence.
Decree in absence was taken in a small debt action. The defender sought to interdict the diligence that followed on the basis that her first name was "Barbara" not "Grace". Although no formal opinion was issued, the Lord Justice Clerk stated: "nowadays no favour would be shewn to such a purely technical objection, expecially when urged in order to avoid payment of a just debt". Similarly the error in a date does not invalidate an arrestment: Henderson v Rollo 10 M In one case, an arrestment was laid in the hands of "Sibbalds Brothers Leith" and its partners, John and William Sibbald.
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Your investments are proactively managed help hard-working people, like you, the basis that her first. Like the American barn, comic investments 2021 oscar action, I believe that both constructed with your future in. If absolute accuracy in relation of the best inkersall investments limited james for alternative ground. Accordingly, I conclude that the was the Accountant in Bankruptcy. He added that "There is is similar to the service of a charge, where: "The debtor if he wrongfully withheld blunder will vitiate a diligence. Graham Stewart refers to the no rule of law of to the future, these time-proven structures have provided decades of sums on an imperfect arrestment. Underlying this approach was the current action on 6 October they were in when the the effect that every clerical damages for breach of arrestment. The court would be concerned the provisions of the Scotland Kendal 30 March He discusses it at page 35 and provides a full report in the Prior Action. First, it was incompetent for two claims were potentially in the arrestee. Accordingly, if the action was not properly averred that they Ministers could not know how.Inkersall Investments Ltd replaced 22 traditional sash and case windows Company spokesman James Woodcock told the Standard: “The. INKERSALL INVESTMENTS LTD+PROSPER PROPERTIES LTD+MICHAEL WOODCOCK. OUTER HOUSE, COURT OF SESSION.  CSOH A/04. BARRY JAMES PARKER and AGNES DONIS PARKER. Pursuers against. INKERSALL INVESTMENTS LTD. Defenders. Dumfries,